Section one: Contracting entity
one.1) Name and addresses
Thames Water Utilities Limited
Reading
RG1 8DB
Contact
Procurement Support Centre - Thames Water
procurement.support.centre@thameswater.co.uk
Country
United Kingdom
Region code
UKJ11 - Berkshire
Companies House
02366661
Internet address(es)
Main address
https://www.thameswater.co.uk/
one.2) Information about joint procurement
The contract is awarded by a central purchasing body
one.3) Communication
Access to the procurement documents is restricted. Further information can be obtained at
https://www.thameswater.co.uk/about-us/our-suppliers/procurement
Additional information can be obtained from the above-mentioned address
Tenders or requests to participate must be submitted electronically via
https://www.thameswater.co.uk/about-us/our-suppliers/procurement
one.6) Main activity
Water
Section two: Object
two.1) Scope of the procurement
two.1.1) Title
Strategic Resource Options: Technical Partners (TP) Framework
Reference number
FA2050
two.1.2) Main CPV code
- 71800000 - Consulting services for water-supply and waste consultancy
two.1.3) Type of contract
Services
two.1.4) Short description
Thames water are seeking Technical Partners to support the delivery of its Strategic Resource Options Programmes.
two.1.5) Estimated total value
Value excluding VAT: £300,000,000
two.1.6) Information about lots
This contract is divided into lots: No
two.2) Description
two.2.2) Additional CPV code(s)
- 65000000 - Public utilities
- 71200000 - Architectural and related services
- 71300000 - Engineering services
- 71400000 - Urban planning and landscape architectural services
- 71500000 - Construction-related services
- 71800000 - Consulting services for water-supply and waste consultancy
- 73220000 - Development consultancy services
- 79400000 - Business and management consultancy and related services
- 90713100 - Consulting services for water-supply and waste-water other than for construction
two.2.3) Place of performance
NUTS codes
- UK - United Kingdom
Main site or place of performance
UK: United Kingdom.
two.2.4) Description of the procurement
Thames Water Utilities Ltd (TWUL) Strategic Resource Options (SRO) - Technical Partners (TP) Framework
TWUL's current portfolio of SRO projects includes, but is not limited to, the Southeast Strategic Reservoir Option (SESRO), Severn to Thames Transfer (STT), London Water Recycling (LWR) projects, Thames to Affinity Transfer (T2AT) and Thames to Southern Transfer (T2ST). Further information, including RAPID Gate 1 and 2 reports, can be found on this link: https://www.ofwat.gov.uk/regulated-companies/rapid/the-rapid-gated-process/
TWUL intends to establish a TP framework primarily to support its SRO program. This is the first phase of a longer-term procurement strategy to establish the professional services supply chain that TWUL needs to support its wider business. This procurement is for the TP Framework only and relates to Phase 1 of the strategy. Existing TWUL professional services frameworks are not impacted by the procurements outlined in this notice.
The successful tenderers will interface with several other partners that will be procured separately to support the SRO Programme as it develops.
TWUL are looking for leading expertise within the key disciplines outlined below to accelerate the delivery of this high-profile programme. The TP will need to demonstrate extensive experience in the development and support the delivery of large complex infrastructure schemes in the current UK planning environment. This includes being able to provide strong leadership, excellent technical capability, and proven expertise in supporting the delivery of large pipelines, reservoirs, water recycling and transfer facilities. Furthermore, the TP will need to provide technical expertise to manage all aspects of preliminary design and managing the pre application engagement with the Planning Inspectorate and develop/manage the planning application (likely to be a Development Consent Order (DCO)) including stakeholder engagement and all elements of the pre consultation and planning application processes. The TP framework agreement will be awarded under the NEC4 Professional Services Contract Option E with amendments. Provision will be made in the call-off contracts for utilisation of Option A, C and E.
TWUL intends to award the first work package from the TP framework agreement immediately following the appointment of framework suppliers. It is our intention that appointment as a technical partner to one or multiple SRO projects will be for the duration of that particular project. This approach is due to the complexity and phasing of projects within the SRO programme. The risk of disruption and inefficiency that would be caused through multiple handovers between Technical Partners during a project is high and would be sub optimal for TWUL. Our intention is that the parties to the framework compete for the role of TP for a specific project via an initial mini competition and that subject to performance, capability and capacity, the successful party will be the technical partner for the duration of the particular project.
Sufficient information will be included in the mini-competition tender pack to enable bidders to prepare solutions for the potential services that may be required by TWUL. The scope of initial mini competitions will be construed widely to enable our approach and all parties wishing to compete will have the appropriate opportunity to seek clarification on the breadth, depth and operation of the resulting call off contract(s).
The duration of the TP framework will be up to 8 years and is required to support a regulated delivery schedule. It is intended that the successful TP at call-off will cover the development phase into the mobilisation of the future Delivery Partner(s) in the detailed design and construction phase.
The TP framework scope is likely to comprise of, but is not limited to, the following high level service categories:
• General Technical Partner Support Services
• Engineering and Design Services
• Environmental Services
• Planning Services
• Land Services
• Engagement Services
• Project Management, Program, Risk and Cost Activities
• Consultation Response Analysis
• Events Management
TWUL reserves the right to procure any of the services listed above as separate contracts and/or frameworks as part of separate and independent procurements.
TWUL appreciates that there may be a limited pool of suppliers for certain elements of the scope and is particularly concerned that these resources should not; be subject to an exclusivity arrangement with an Applicant/Tenderers in the procurement process to the detriment of competition; and be subject to sub-contract terms or obligations that threaten the ability of another Consultant(s) to deliver its own Contract. Accordingly, during the procurement process, Applicants/Tenderers are asked not to enter into any exclusivity arrangements with a potential Subcontractor or supplier. Furthermore, Applicants/Tenderers are reminded that should they be using the same supply chain or are involved in more than one bidding consortia they must be mindful of their obligation to ensure that each tender is prepared and submitted without any direct or indirect coordination between suppliers.
If the Applicants/Tenderers are uncertain about whether any arrangements with any other sub-contractor/suppliers would be viewed as falling within the above categorisation, they should seek guidance from TWUL.
If despite this request an Applicants/Tenderers enters an exclusive arrangement with a supplier, to the detriment of other Applicants/Tenderers such that competition is adversely impacted, TWUL reserves the right to omit the procurement of these resources through the procurement process, to enter into arrangements directly with the relevant sub-contractor/supplier; and to require the successful Applicants/Tenderers to enter into subcontracts with the relevant supplier.
Applicants/Tenderers who have concerns about this issue or who encounter difficulties engaging with suppliers for specific resources, should raise a query with TWUL as TWUL cannot deal with the issue if it is not disclosed.
TWUL is working with several partners, including other water companies to develop and deliver the SROs. Furthermore, depending on the commercial and procurement strategies for delivery of these projects TWUL may transfer or novate the benefit and the burden of call-off contracts made under this Framework Agreement:
*to any funder, security trustee or security holder without the consent of the Consultant; and
*to any other person with the consent of the Consultant, such consent not to be unreasonably withheld or delayed;
All interested parties who wish to compete for this opportunity are required to complete and return a Pre-Qualification questionnaire. The completed PQQ is used to determine which applicants best satisfy the selection criteria and who will progress to the next stage of the procurement process.
two.2.5) Award criteria
Price is not the only award criterion and all criteria are stated only in the procurement documents
two.2.6) Estimated value
Value excluding VAT: £300,000,000
two.2.7) Duration of the contract, framework agreement or dynamic purchasing system
Duration in months
96
This contract is subject to renewal
Yes
Description of renewals
Thames Water envisages that the Framework Agreement will be renewed after the Initial Term of 3 years and that the renewal may be on one or more occasions by Thames Water by giving not less than one months notice to the Consultants.
two.2.9) Information about the limits on the number of candidates to be invited
Envisaged number of candidates: 5
two.2.10) Information about variants
Variants will be accepted: No
two.2.11) Information about options
Options: Yes
Description of options
This Framework Agreement shall come into force on the Commencement Date and shall (except as expressly provided otherwise in this Framework Agreement) continue in force for a period of 3 years (the "Initial Term"). TWUL shall be entitled, at its option to extend this Framework Agreement, on one or more occasions by giving not less than one month's notice to the Consultants prior to the expiry of the Initial Term or the expiry of any extension as the case may be, provided that the duration of this Framework Agreement shall not exceed a maximum duration of 8 years unless otherwise agreed in writing by the Parties and provided that eight (8) years shall only be exceeded in exceptional circumstances duly justified.
Section three. Legal, economic, financial and technical information
three.1) Conditions for participation
three.1.1) Suitability to pursue the professional activity, including requirements relating to enrolment on professional or trade registers
List and brief description of conditions
As detailed in VI.3 and the PQQ.
three.1.2) Economic and financial standing
Selection criteria as stated in the procurement documents
three.1.3) Technical and professional ability
Selection criteria as stated in the procurement documents
three.1.4) Objective rules and criteria for participation
List and brief description of rules and criteria
As detailed in VI.3 and the PQQ.
three.1.6) Deposits and guarantees required
Bonds and/or parent company guarantees or equivalent forms of performance and financial standing securities may be required.
three.1.7) Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them
As detailed in the ITN.
three.1.8) Legal form to be taken by the group of economic operators to whom the contract is to be awarded
Consortia may be required to form a legal entity prior to any award.
Section four. Procedure
four.1) Description
four.1.1) Type of procedure
Negotiated procedure with prior call for competition
four.1.3) Information about a framework agreement or a dynamic purchasing system
The procurement involves the establishment of a framework agreement
Framework agreement with several operators
Envisaged maximum number of participants to the framework agreement: 3
In the case of framework agreements, provide justification for any duration exceeding 8 years:
N/A
four.1.4) Information about reduction of the number of solutions or tenders during negotiation or dialogue
Recourse to staged procedure to gradually reduce the number of solutions to be discussed or tenders to be negotiated
four.1.8) Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: Yes
four.2) Administrative information
four.2.1) Previous publication concerning this procedure
Notice number: 2023/S 000-014247
four.2.2) Time limit for receipt of tenders or requests to participate
Date
28 July 2023
Local time
12:00pm
four.2.4) Languages in which tenders or requests to participate may be submitted
English
four.2.6) Minimum time frame during which the tenderer must maintain the tender
Duration in months: 6 (from the date stated for receipt of tender)
Section six. Complementary information
six.1) Information about recurrence
This is a recurrent procurement: No
six.2) Information about electronic workflows
Electronic ordering will be used
Electronic invoicing will be accepted
Electronic payment will be used
six.3) Additional information
All suppliers who wish to respond to this notice must request a pre-qualification questionnaire (PQQ) by using the link in Section I.3 of this notice, i.e. https://www.thameswater.co.uk/procurement
All bidders will receive an email from procurement.support.centre@thameswater.co.uk containing their log on details into our Smartsource Portal in order to access the PQQ documents.
Note that your client may be Thames Water Utilities Ltd or another company within the Kemble Water group structure.
The Framework Agreement and associated call-off contracts will be governed by the Law of England and Wales.
The Authority reserves the right:
*To amend timelines and other aspects of the process;
* To not award a framework agreement or any call-off contract.
The Authority will not be liable for the costs of economic operators expressing an interest or preparing tender responses.
six.4) Procedures for review
six.4.1) Review body
Thames Water Utilities Limited
Reading
RG1 8DB
procurement.support.centre@thameswater.co.uk
Country
United Kingdom
six.4.3) Review procedure
Precise information on deadline(s) for review procedures
Thames Water Utilities Limited will incorporate a standstill period at the point information on the award of the contract is communicated to tenderers. That notification will provide full information on the award decision. The standstill period, which will be for a minimum of 10 calendar days, provides time for unsuccessful tenderers to challenge the award decision before the contract is entered into.
The Utilities Contracts Regulations 2016 (SI 2016 No 274) provide for aggrieved parties who have been harmed or are at risk of harm by a breach of the rules to take action in the High Court (England, Wales and Northern Ireland).